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Privacy policy

DATA PROTECTION NOTICE

 

The company BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with its registered office at Vintrovna 395/25, Popuvky 664 41, Postal Code 664 42, registered with the Regional Court in Brno under file No. B 8541, as the operator of the website https://zimaya.cz (hereinafter referred to as the “E-shop”), respects the right to personal data protection.

For the purposes of this Data Protection Notice, “BJUTIP” means BJUTIP a.s. and any other entity controlled by BJUTIP a.s., any entity controlling BJUTIP a.s., or any entity controlled by an entity that also controls BJUTIP a.s.

This Data Protection Notice complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC, the General Data Protection Regulation (hereinafter referred to as the “Regulation” or “GDPR”).

I

DATA COLLECTED

In accordance with the above Regulation, BJUTIP processes personal data that users of the E-shop voluntarily provide when using the website https://zimaya.cz.

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “Data Subject”). An identifiable natural person is a person who can be identified, directly or indirectly, by reference to an identifier.

In providing its services, BJUTIP may process the following categories of personal data:

Identification data:

• Name and surname;

• Date of birth;

• Residential address;

• Name of a company, association or other legal entity or artistic group;

• Company identification number and tax identification number;

• Registered office address or business premises address;

• Billing address;

• Identification data of the representative appointed by the relevant person;

• Identification data of the payer;

• Bank details;

• Photograph;

• Username and password;

• Personal description or preferences;

Contact details:

• E-mail address;

• Telephone number;

• Social media addresses;

Data on the use of services and payment discipline:

• Type and specifications of the services provided and their prices;

• Payment information;

Data arising from communications between BJUTIP and the Data Subject

• Records of personal meetings;

• Written and electronic communications;

• Records of telephone calls;

• Telephone call recordings;

Data processed with prior consent or on the basis of a legitimate interest

• Data on user behaviour on the E-shop, referring websites and paths followed by the website visitor, including data obtained from cookies;

• Data on clicks on products viewed by the E-shop visitor;

• Data concerning the visitor’s computer, IP address, date, time, address of the website from which the visitor accesses the E-shop, search terms, file name, browser used to access the E-shop and internet connection, including operating system data;

• Data collected through surveys;

• Contact details if the person is not an E-shop customer.

II

USE OF PERSONAL DATA AND PERIOD OF STORAGE

BJUTIP uses the personal data of its customers mainly for the following purposes:

(a) to conclude purchase agreements or other agreements on the E-shop and to exercise the rights and obligations arising from them;

(b) to communicate with E-shop users and manage the contractual relationship;

(c) to analyse, evaluate and improve the service provided to E-shop users;

(d) to handle complaints and claims and to exercise rights arising from defective performance;

(e) to comply with legal obligations;

(f) to provide users with information about changes and innovations to the products and services provided and about personalised offers.

BJUTIP stores personal data only for as long as the above processing purposes last and subsequently only under the conditions and for the periods required by law.

In the case of consent granted for commercial and marketing purposes, this period is 10 years from the date of consent or its renewal. In other cases, the processing period is based on its purpose or on legal regulations.

III

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis enabling BJUTIP to process personal data depends on the purpose for which the personal data is processed. Therefore, in the cases specified below, BJUTIP may also process personal data without the user’s prior consent.

3.1 Contractual performance

Contractual performance is necessary for concluding or performing the Purchase Agreement, including the organisation of any event, survey or competition organised by BJUTIP, communication with customers and users, offering consumer programmes and managing users’ preferences.

3.2 Legal obligations

Legal obligations are necessary in order to comply with statutory obligations, for example in the field of accounting and taxation.

3.3 Legitimate interests

Legitimate interests are necessary for the protection of BJUTIP, for example in connection with the exercise of rights arising from contracts or in relation to the analysis and improvement of services.

For the purposes of processing, the Data Subject means BJUTIP’s contractual partner or customer, or a participant in a competition or promotional event. Please note that, on the basis of a legitimate interest, BJUTIP may process the personal data of such user for direct marketing purposes, i.e. to offer products and send newsletters or other commercial communications in person, by phone or by e-mail.

Legitimate interests are necessary to improve BJUTIP’s services, i.e. they represent its commercial interests in better understanding users’ needs and expectations in order to improve its services, the E-shop and its components for the benefit of users/consumers, including analysis, satisfaction measurement and the collection of statistical data.

Legitimate interests are necessary for the operation of the E-shop, in particular to display its content correctly, store access data, create and store orders, customisations and parameters of users’ electronic devices, including display and screen resolution, etc., test new ideas, verify responses to advertising campaigns, verify how the user learned about the website, including technical cookies.

Legitimate interests are necessary for fraud prevention.

Legitimate interests are necessary for protecting the E-shop, keeping it safe and secure and ensuring its proper operation and continuous improvement.

3.4 Consent

Where BJUTIP has received prior consent to the processing of data for commercial purposes, i.e. to offer products, provide information about news and send other commercial communications, it processes, from 11/11/2024, the personal data of Data Subjects mainly in order to prepare suitable offers of BJUTIP’s or third parties’ products and services by contacting the customer by phone, in writing or through any form of internet advertising and electronic communication, using contact details. In relation to users who grant prior consent to processing, BJUTIP collects and stores data about their typical behaviour while receiving the company’s services and products and prepares and stores the relevant behavioural analyses in anonymised form. All these activities are strictly necessary in order to address customers with suitable marketing offers.

Where BJUTIP has received prior consent to data processing, it is also entitled to process contact details for marketing purposes. In relation to users who grant prior consent to the processing of data for marketing purposes via an electronic contact, BJUTIP processes the contact details provided by the Data Subject in order to send marketing communications about BJUTIP’s services and products for the period specified in the consent. If consent is given via the website operated by BJUTIP, data derived from BJUTIP cookies placed on the website is processed together with these contact details; however, this applies only if the Data Subject has enabled cookies in their web browser.

The user may withdraw their consent to such use of personal data at any time by sending a notice of withdrawal of consent to the e-mail address: info@bjutip.com or in writing to the above postal address of BJUTIP.

BJUTIP uses e-mail messages for its commercial communications or those of third parties. Commercial communications must always clearly indicate that BJUTIP is their sender. Commercial communications may be sent by BJUTIP on the basis of its legitimate interest to the contact details of persons who have entered into a contract for the use of the web portal until they object, or on the basis of their express consent to the processing of personal data for commercial and marketing purposes. Each commercial communication sent always includes contact details for opting out of such communications.

BJUTIP is authorised, subject to the user’s consent to the use of cookies, to send behavioural online advertising for products and services that may be of interest to the user based on their previous behaviour, to display advertising and content to users on social media platforms, to send recommendations, marketing messages or content based on the user’s profile and interests, and to personalise the services offered to the user.

The date from which consent to the processing of personal data for the above purposes takes effect is specified in the text of the consent itself. Consent granted for commercial purposes is voluntary and the user may withdraw it at any time. All categories of data listed in the “Data collected” section of this Data Protection Notice may be processed for commercial purposes only with prior consent and for as long as BJUTIP is entitled to store them in order to provide its services, comply with legal obligations and protect legitimate interests, but in any case no longer than until the consent is withdrawn or the period for which it was granted expires. Any withdrawal of consent by the user does not affect the processing of their personal data by BJUTIP for other purposes based on other legal grounds and in accordance with this Data Protection Notice.

IV

ENTITY COLLECTING THE DATA

The controller and processor of personal data provided by the user in connection with the use of the E-shop, the conclusion of the Purchase Agreement or the provision of personal data for other specific purposes is BJUTIP a.s., Company ID No. 10865373, VAT ID No. CZ10865373, with its registered office at Vintrovna 395/25, Popuvky 664 41, registered with the Regional Court in Brno under file No. B 8541.

V

ENTITIES TO WHOM PERSONAL DATA MAY BE DISCLOSED

BJUTIP may disclose personal data to:

(a) service providers who provide services related to BJUTIP’s activities, in particular payment intermediaries, persons cooperating with BJUTIP in the management of contracts, receivables and various obligations, persons printing and delivering written documents, as well as digital service providers such as online sales, social media monitoring, web analytics, search engines and tools for processing user-generated content;

(b) other persons in accordance with applicable legal regulations, e.g. disclosures to tax authorities in cases provided for by law, to the Police in connection with investigations and criminal proceedings, etc.

With the user’s prior consent, BJUTIP may share the user’s personal data with third parties for direct marketing activities.

BJUTIP may disclose personal data to its partners if the relevant services or products have been developed together with such partners. In this case, both BJUTIP and its business partner will process the user’s personal data for their own purposes and in accordance with their own personal data processing policies.

VI

CATEGORIES OF RECIPIENTS OF PERSONAL DATA

BJUTIP shares personal data within its corporate structure. In fulfilling its duties and obligations, BJUTIP may use professional and specialised services provided by other entities. If such providers process personal data transmitted by BJUTIP, they act as data processors and may process the data only on the basis of BJUTIP’s instructions and may not use it otherwise. These activities include, in particular, IT systems management, online advertising, commercial representation, expert, legal and auditing services, and debt recovery.

BJUTIP carefully selects each data processor and enters into a Personal Data Processing Agreement with them, under which the processor must strictly comply with the protection and security of personal data. The list of data processors is available upon request at the e-mail address: info@bjutip.com. Personal data may be processed only by companies based in the Czech Republic and companies based in an EEA Member State or in a country considered safe. The transfer and processing of personal data in countries outside the European Union always takes place in accordance with applicable legal regulations. In the event of data transfer outside the EEA, BJUTIP ensures the protection of personal data by concluding appropriate contractual clauses or by using other appropriate safeguards in accordance with the GDPR.

BJUTIP is entitled to disclose personal data to third parties if:

• it sells its business or a part of it; in such a case, personal data may be disclosed to the potential buyer of such business or part thereof. If BJUTIP or its business or part thereof is acquired by a third party, the personal data of its customers connected with such assets will be sold together with such assets. In this case, personal data will, where necessary, be processed by the buyer as the new data controller, and the processing of personal data will be governed by the buyer’s data processing policy.

• it must disclose or share the user’s personal data in order to comply with a legal obligation, enforce or apply the terms of use, sales terms or other terms accepted by the user, or protect the rights, property or safety of BJUTIP and its customers and employees.

• it has obtained the prior consent of the Data Subject or is authorised to do so by law.

BJUTIP transfers personal data to administrative authorities and other bodies as required by applicable legal regulations in order to comply with its legal obligations.

VII

COOKIE FILES

Cookies are data files necessary for the proper functioning of the E-shop website and are placed on the user’s computer, as is common practice on most websites. They are small text files that the website stores on the user’s computer or mobile device when the user starts using the website.

This allows the website to remember the user’s settings and activities carried out while visiting the site for a certain period of time, so that the user does not need to enter such data again when visiting the same website in the future or moving between its sections.

If the user enables cookies in their browser, BJUTIP also uses them to collect statistical data and personalise advertisements in order to further improve its website and the services offered. Therefore, BJUTIP shares information about the use of its website with advertising and analytics partners, in particular Google. To learn how Google manages cookies, please visit https://www.google.com/policies/technologies/cookies/.

If the user does not wish to use cookies and/or other data collected on BJUTIP’s website that uses cookies for the above purposes, the user may:

(a) block the use of cookies by changing the settings of the web browser or another computer program, i.e. the user may configure their web browser or another computer program to block, disable and not allow the use of cookies; or

(b) withdraw their consent free of charge by sending an e-mail to info@bjutip.com or a letter to BJUTIP.

In accordance with the Guidelines for the processing of cookies and other similar tracking technologies, published on 22 May 2018 by the Office for Personal Data Protection, BJUTIP has stored cookies since 25 May 2018 for a period of 13 months.

VIII

USER RIGHTS

BJUTIP respects the rights connected with the processing of personal data. It is important that the Data Subject has control over their personal data. In relation to the protection of personal data, the user has the following rights:

Category of right

Description and exercise of the right

Right to be informed

This is the right to receive clear and easily understandable information about how personal data is used and what rights the Data Subject has. Basic information is provided in this Notice. In case of any further questions, please contact the controller.

Right of access to personal data

This is the right to access the personal data relating to the Data Subject held by BJUTIP, subject to certain limitations.

BJUTIP is entitled to request reimbursement of reasonable and necessary administrative costs for providing the requested information. Manifestly unfounded, unnecessary or repeated requests may remain unanswered.

For this purpose, please contact the controller.

Right to rectification of personal data

The Data Subject has the right to have their personal data updated. Otherwise, the Data Subject has the right to request rectification of personal data if it is incorrect or outdated, and, where applicable, its completion if it is incomplete.

For this purpose, please contact the controller.

Right to erasure of personal data and right to be forgotten

In some cases, the Data Subject has the right to request the erasure of their personal data. This right is not absolute, as BJUTIP may have legitimate or legal grounds for retaining the data.

For this purpose, please contact the controller.

Right to object to direct marketing, including profiling and automated decision-making

BJUTIP currently does not carry out automated decision-making or profiling. If this should happen in the future, the Data Subject will have the right to unsubscribe from direct marketing communications at any time or to object to any automated decision-making or profiling.

Right to withdraw prior consent to data processing

As stated above, BJUTIP requires the Data Subject’s prior consent for the processing of certain personal data. The Data Subject has the right to withdraw such consent at any time.

For this purpose, please contact the controller.

Right to object to processing based on legitimate interests

As stated above, the processing of certain data is based on legitimate interests. The Data Subject has the right to object to such processing at any time.

For this purpose, please contact the controller.

Right to lodge a complaint with the supervisory authority

The Data Subject has the right to contact the Office for Personal Data Protection as the competent supervisory authority of the Czech Republic in order to lodge a complaint against data protection and data processing procedures.

Before lodging any complaint, please do not hesitate to contact BJUTIP using the contact details provided below.

Right to data portability

The Data Subject has the right to migrate, copy or transfer their personal data from BJUTIP’s database to another database. These procedures concern only the data provided by the user where processing is based on a contract or prior consent and the processing is carried out using automated tools.

Right to restriction of processing

The Data Subject has the right to request restriction of the processing of their personal data. In such a case, data processing will be restricted, meaning that BJUTIP may store the data but may not use and/or otherwise process it.

This provision applies to limited cases provided for by the GDPR, i.e.:

- the Data Subject contests the accuracy of the personal data. In such a case, the restriction will be temporary to allow the controller to verify the accuracy of the personal data.

- the processing of the data is unlawful and the Data Subject refuses the erasure of such data and instead requests its restricted use.

- the controller no longer needs to process the Data Subject’s personal data, but the Data Subject requires it for the establishment, exercise or defence of their legal claims.

- the Data Subject objects to the processing of their data based on legitimate interests. In such a case, the restriction will be temporary to allow the controller to verify whether the legitimate interests of the controller override those of the Data Subject.

Right to disable cookies

The Data Subject has the right to disable cookies.

Many cookies are used to support the use or functionality of websites/applications, and therefore disabling them may prevent the use of certain parts of the websites/applications.

If the user wishes to restrict or block all active cookies on BJUTIP’s websites/applications, which could prevent the use of certain parts of BJUTIP’s or third-party websites/applications, they should change their browser settings.

Please contact the controller by sending an e-mail to: info@bjutip.com.

IX

SECURITY

In order to ensure the security and confidentiality of personal data, which is of utmost importance to the company, BJUTIP adopts technical and organisational measures, in particular to protect data against unauthorised access and misuse, to ensure the security of information systems and to recover data in the event of an incident. Where appropriate, BJUTIP also uses encryption to protect personal data and regularly assesses and updates all measures adopted.

The processing of personal data takes place manually and through IT and electronic systems that are subject to physical, technical and procedural controls. In order to protect personal data, BJUTIP has a security mechanism in place, including various technical, organisational and personnel measures, and requires the same level of protection from processors. For these reasons, BJUTIP has prepared an internal regulation for the processing of personal data.

X

REFERENCES TO OTHER COMPANIES

The media may include references to other media, in particular other websites. Please note that these third-party communication channels follow their own personal data protection policies, which users should observe, and BJUTIP cannot interfere with such policies and is therefore not responsible for them in any way.

XI

CHANGES TO THIS DATA PROTECTION NOTICE

BJUTIP reserves the right to modify this Data Protection Notice at any time, and the user will be informed of any changes by a change to the date of the latest version shown at the top of the Notice and will be required to give their consent to such changes.

XII

DATA PROTECTION OFFICER

BJUTIP’s contact person for the processing of personal data is Ing. Michaela Vítek Měsíčková, born on 15 October 1982, Nebovidy 236, Postcode 664 48, e-mail: info@bjutip.com.

XIII

CONTACT DETAILS

The full version of this Data Protection Notice is available both on the website info@bjutip.com and at BJUTIP’s registered office.

For any questions relating to the processing of personal data, related assistance or the exercise of your rights, please do not hesitate to contact the Data Protection Officer at the e-mail address: info@bjutip.com.

This Data Protection Notice is valid from 11/11/2024. In order to fulfil BJUTIP’s information obligation as the data controller pursuant to Article 13 of the GDPR, this Data Protection Notice complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.